Kalidas Raghuweer Tawaskar v. Shri. Dayanand Tukaram Rawkhande (Since Decd. Legal Heir)1a) Smt. Malan Dayananand Rawkhandeand ORS

Sr. No. 906 CAS 680 of 2017.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 680 OF 2017 IN SECOND APPEAL NO. 196 OF 2015 Kalidas Raghuweer Tawaskar ... Applicant Vs Dayanand Tukaram Rawkhande Since deceased through Lrs Smt. Malan Dayananand Rawkhande ... Respondents Mr. Mohan N. Dhamal, Advocate for the Applicant. Mr. Omkar Mane i/b. M.M. Rananaware, Advocate for Respondents No. 1-A, 1-B and 1-D.

CORAM : SANDEEP K. SHINDE J.

DATE : September 11 th , 2019 P.C. :

1.

Heard learned counsel for applicant and respondents. 2.

It is an application for restoration of appeal, which was dismissed in view of self operative order dated 11.01.2017 passed by Registrar, Judicial-II.

3.

Application is vehemently opposed by the respondent. It appears that the respondents have filed caveat, but the appellant has Prachi Potdar 1/2

Sr. No. 906 CAS 680 of 2017.odt not served the respondent and that for the reason, the appeal was dismissed, who is now served.

4.

Thus, taking into consideration the facts of the case and in the interest of justice, the delay of five days caused in preferring the civil application is condoned and the order dated 11.01.2017 is recalled. 5.

Appeal is restored to file. Civil Application is disposed of accordingly.

(SANDEEP K. SHINDE, J.) Prachi Potdar 2/2